Eternal vigilance needed—with or without school choice

"Private school advocates were shocked by two federal court decisions this summer declaring that private schools with tax-exempt status must comply with federal Title IX regulations," the Council for American Private Education reports.

These entirely unexpected rulings—one from Maryland and one from California—represent a stark departure from the previous understanding of the situation. Until now, it was widely understood that private schools were only subject to Title IX if they accepted federal funds. In order to be free of such federal obligations, many private schools have long declined to accept federal funds. Under these new rulings, however, private schools that claim tax-exempt status would have to comply with Title IX even if they do not take federal funds. Such a state of affairs would have enormous implications for private schools, and indeed all nonprofit organizations.

As I never tire of repeating to school choice foes on the right, the government can and does pile on regulations whether or not school choice programs are involved.